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2011 NLRC RULES OF PROCEDURE

a. Filing of complaint in the RAB having jurisdiction over the workplace of the complainant.
b. If OFW, it shall be filed where the complainant resides or where the principal office of the
FILING OF respondent, at the option of the complainant
COMPLIANT c. Complaint shall be signed under oath accompanied by a declaration of non-forum shopping.
d. If denied, no Motion for Reconsideration shall be allowed.
e. All complaints shall be immediately raffled by the Executive LA and assigned to LA from its receipt.

f. Issuance: LA shall issue summons (with the complaint) within two (2) days of receipt of complaint.
It shall specify the date, time and place of the mandatory conciliation and mediation conference
in two (2) settings.
ISSUANCE AND g. Service: Summons shall be served personally upon the parties by the bailiff or a duly authorized
SERVICE OF public officer within three (3) days from his/her receipt thereof, or by registered mail, or by
courier authorized by the Commission.
SUMMONS
h. Return: The bailiff or officer serving the summons shall submit his/her return within two (2) days
from date of service thereof, stating legibly in his/her return his/her name, the names of the
persons served and the date of receipt, which return shall be immediately attached to the records
and shall be part thereof. If no service was effected, the reason thereof shall be stated in the
return.

MOTION TO DISMISS
Motion shall be filed before the date set for the mandatory conciliation and mediation conference. It
shall be acted upon before the issuance of an order requiring the submission of position paper.

DENY: Not appealable. Proceed GRANT: Only on the grounds of lack of jurisdiction
to Mandatory Conciliation and over the subject matter, improper venue, res
Mediation Conference. judicata, prescription and forum shopping. – END

a. The LA shall personally preside over and take full control of the proceedings and may be assisted
by the LA Associate within 30 days.
MANDATORY b. Compromise Agreement: shall be approved by the LA after explaining to the parties, the terms,
conditions and consequences thereof, that he/she is satisfied that they understand the
CONCILIATION
agreement, that the same was entered into freely and voluntarily by them, and that it is not
AND MEDIATION
contrary to law, morals, and public policy.
CONFERENCE
c. Motion for Postponement: Shall not be allowed, except upon meritorious grounds.
d. If the parties fail to agree on an amicable settlement, either in whole or in part, during the
mandatory conciliation and mediation conference, the LA or the duly authorized personnel shall
proceed to the other purposes of the said conference.

NON-APPEARANCE FOR TWO (2) SETTINGS DESPITE DUE NOTICE

COMPLAINANT RESPONDENT
a. Ground for the dismissal of the case a. Considered to have waived his/her right to file a
without prejudice. – END position paper. MCMC is terminated and
b. Revival: within ten (10) calendar days complainant or petitioner is directed to file a
from receipt of notice of the order verified position paper and submit evidence in
dismissing the same, file a motion to support of his/her causes of action and
revive or re-open the case; otherwise, thereupon render his/her decision on the basis of
the only remedy shall be to re-file the the evidence on record. – END
case. b. Revival: any time after notice thereof and before
the case is submitted for decision, file a motion
under oath to set aside the order of waiver upon
proper showing that his/her failure to appear was
due to justifiable and meritorious grounds.
a. Within ten (10) days from the termination of Mandatory Conciliation and Mediation Conference
FILING OF b. Reply may be filed by any party within ten (10) days from receipt of the position paper of the
VERIFIED adverse party.
c. Amendment of Complaint may be filed before the LA at any time before the filing of position
POSITION PAPERS
paper. No amendment of the complaint is allowed after the filing of position papers, unless with
leave of the LA.

a. Determination of Necessity: LA may ask clarificatory questions to further elicit facts or


information, including but not limited to the subpoena of relevant documentary evidence, if any,
HEARING/ from any party or witness.
CLARIFICATORY b. Record: LA makes a written summary of the proceedings, including the substance of the
CONFERENCE evidence presented, in consultation with the parties. The written summary shall be signed by the
parties and shall form part of the records.
c. Duration: Shall be terminated within 30 calendar days from the date of the initial clarificatory
conference. If OFW, within 60 days (includes MCMC) - reckoned from the date of acquisition of
jurisdiction by the LA over the person of the respondents.
d. Motion for Postponement: Shall not be allowed, except upon meritorious grounds.

a. LA shall render his/her decision within thirty (30) calendar days, without extension, after the
submission of the case by the parties for decision, even in the absence of stenographic notes.
SUBMISSION FOR b. If OFW, it shall be decided within ninety (90) calendar days after the filing of the complaint.
c. Inhibition: 1) Voluntarily: must state the legal justifications; 1) Involuntary: upon a motion of a
DECISION
party - grounds: a) relationship within the fourth civil degree of consanguinity or affinity with the
adverse party or counsel; b) on question of partiality or other justifiable grounds; Motion is
resolved within five (5) days. An order denying or granting a motion for inhibition is
unappealable.

a. Period: Within ten (10) calendar days from receipt of decision;


DECISION OF LA APPEAL TO NLRC b. Requisites: verified memorandum of appeal, proof of
payments, posting of bonds, proof of service.

a. Period: Decision becomes final and executor after ten (10) calendar days from receipt and the LA
FINALITY OF shall issue a certificate of finality, if no appeal is filed with the RAB of origin within ten (10)
DECISION calendar days from receipt of decision.
b. If the decision includes an order of reinstatement, it shall likewise contain: (a) a statement that
the reinstatement aspect is immediately executory; and (b) a directive for the employer to
submit a report of compliance within ten (10) calendar days from receipt of the said decision.

a. Writ of Execution: may be issued motu proprio or on motion, upon a decision or order that has
become final and executory. – END
EXECUTION b. Execution by motion of independent action: may be executed on motion within five (5) years
from the date it becomes final and executory. After the lapse of such period, the judgment shall
become dormant, and may only be enforced by an independent action before the RAB of origin
and within a period of ten (10) years from date of its finality. – END

Prepared by: Emmanuel Neil Jonathan VII M. Plan


2011 NLRC RULES OF PROCEDURE: APPEAL

a. Period: within ten (10) calendar days from receipt thereof; and in case of decisions or
resolutions of the RD, within five (5) calendar days from receipt thereof.
b. Grounds:
i. If there is prima facie evidence of abuse of discretion on the part of the LA or RD;
ii. If the decision, award or order was secured through fraud or coercion, including graft
and corruption;
iii. If made purely on questions of law; and/or
iv. If serious errors in the findings of facts are raised which, if not corrected, would cause
grave or irreparable damage or injury to the appellant.
c. Requisites for perfection of appeal
i. Filed within the reglementary period;
ii. Verified by the appellant himself/herself;
iii. In the form of a memorandum of appeal which shall state the grounds relied upon
and the arguments in support thereof, the relief prayed for, and with a statement of
the date the appellant received the appealed decision, award or order;
iv. In three (3) legibly typewritten or printed copies; and
v. Accompanied by:
1. Proof of payment of the required appeal fee and legal research fee,
APPEAL TO NLRC
2. Posting of a cash or surety bond, and
3. Proof of service upon the other parties.
d. Bond: In case the decision of the LA or the RD involves a monetary award, an appeal by the
employer may be perfected only upon the posting of a bond, which shall either be in the form
of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of
damages and attorney’s fees.
i. In case of surety bond, the same shall be issued by a reputable bonding company duly
accredited by the NLRC
ii. No motion to reduce bond shall be entertained except on meritorious grounds, and
only upon the posting of a bond in a reasonable amount in relation to the monetary
award.
e. Reply: The appellee may file with the RAB or RO where the appeal was filed his/her answer or
reply to appellant's memorandum of appeal, within ten (10) calendar days from receipt
thereof. Failure on the part of the appellee who was properly furnished with a copy of the
appeal to file his/her answer or reply within the said period may be construed as a waiver on
his/her part to file the same.
f. Effect of Appeal: Without prejudice to immediate reinstatement pending appeal, once an
appeal is filed, the LA loses jurisdiction over the case. All pleadings and motions pertaining to
the appealed case shall thereafter be addressed to and filed with the NLRC.

PETITION FOR CERTIORARI IN THE CA (RULE 65) APPEAL BY CERTIORARI TO SC (RULE 45)

a. Period: Within sixty (60) days from notice of the a. Period: within fifteen (15) days from notice of the
judgment, order or resolution. judgment or final order or resolution.
b. Ground: 1) Grave Abuse of Discretion amounting to b. Ground: Questions of law
lack or excess of jurisdiction; 2) Questions of facts or
law.
c. A petition for certiorari with the CA or the SC shall
not stay the execution of the assailed decision unless
a restraining order is issued by said courts.

Prepared by: Emmanuel Neil Jonathan VII M. Plan

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